The international system has seen great strides toward gender equality and protections against violence in society, community and in the family. In addition, key human rights mechanisms of the United Nations have affirmed States’ obligation to ensure effective protection of all persons from discrimination based on sexual orientation or gender identity. However, the international response to human rights violations based on sexual orientation and gender identity has been fragmented and inconsistent.

To address these deficiencies a consistent understanding of the comprehensive regime of international human rights law and its application to issues of sexual orientation and gender identity is necessary. It is critical to collate and clarify State obligations under existing international human rights law, in order to promote and protect all human rights for all persons on the basis of equality and without discrimination.

The International Commission of Jurists and the International Service for Human Rights, on behalf of a coalition of human rights organisations, have undertaken a project to develop a set of international legal principles on the application of international law to human rights violations based on sexual orientation and gender identity to bring greater clarity and coherence to States’ human rights obligations.

A distinguished group of human rights experts has drafted, developed, discussed and refined these Principles. Following an experts’ meeting held at Gadjah Mada University in Yogyakarta, Indonesia from 6 to 9 November 2006, 29 distinguished experts from 25 countries with diverse backgrounds and expertise relevant to issues of human rights law unanimously adopted the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.

This is not "new law". It is a clarification by legal jurists of States' existing obligations under Human Rights conventions that have already been signed and are the Law of the Land.

We are Human. Human Rights apply to us even though we are Transsexual or Intersexed. (Or Gay or Lesbian for that matter).

The experts agree that the Yogyakarta Principles reflect the existing state of international human rights law in relation to issues of sexual orientation and gender identity. They also recognise that States may incur additional obligations as human rights law continues to evolve.

The Yogyakarta Principles affirm binding international legal standards with which all States must comply. They promise a different future where all people born free and equal in dignity and rights can fulfil that precious birthright.

At least one Australian legal case currently being heard will be affected by this.

Everyone lawfully within a State has the right to freedom of movement and residence within the borders of the State, regardless of sexual orientation or gender identity. Sexual orientation and gender identity may never be invoked to limit or impede a person’s entry, egress or return to or from any State, including that person’s own State.

States shall:a) Take all necessary legislative, administrative and other measures to ensure that the right to freedom of movement and residence is guaranteed regardless of sexual orientation or gender identity.

Later, it explains

Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.

This directly makes the odious section 89 in the Explanatory Notes to the Australian Passports Determination an explicit violation of the Law of the Land, and therefore arguably void and a legal nullity, not being within the powers of the Minister to decide. In any event, Australia is now obligated to take all necessary measures to remove its provisions.

I am now, under International Human Rights Law, officially Human. And yesterday, I wasn't.

1. Court Case: No I'm not, as I've been in contact with one of the principals, and have been asked not to say anything.

2. Uni Records: No it wouldn't - how else would we be able to do all of the "equal opportunity" stuff? Actually, I'm in favour of dropping all discrimination, and not recording race, creed, colour, or sex, but I don't think it's practicable, and not having this data may conceal instututionalised bias.

3. Passports: I think it is - if it's accurate - if only so the right gendered people are present for body searches etc. If it's inaccurate, it's counter-productive,

We live in a (mainly) bi-gendered world, and systems should be set up for that as the default. They must also be flexible enough so that they can deal with the 2% that doesn't fit.But as I still have problems registering for comments at sites that insist on me putting in a valid US state and Zipcode, and do not consider that anyone from outside the US might wabt to leave a comment, it's a common problem, and not just in this area.

I wonder how the lawgivers of western Australia will view this? Under our state laws here, people born with transsexualism or other intersex conditions, and people who call themselves "transgender," and people who have had surgery but cannot have their birth certificate corrected due to being married, are essentially and practically speaking subhuman, according to one Victorian lawyer's analysis of the situation.

About Me

Actually, I am a Rocket Scientist.
Also hormonally odd (my blood has 46xy chromosomes anyway) and for most of my life, I looked male, and lived as one, trying to be the best Man a Gal could be. Anyway, in May 2005 that started changing naturally for reasons still unclear, and I'm now Zoe, not Alan : happier and more relaxed not to have to pretend any more.
UPDATE - reason now identified as the 3BHSD form of CAH.

Reviews

This blog, written by a rocket scientist, is a fascinating collection of information, both personal and scientific, regarding intersex, transsexualism and related psychosocial and psychosexual issues....It is erudite and heartfelt. Just read the posts about the passport issue. You won't know whether to laugh, weep or crawl into a ball and rock gently in a corner - an amazing person.- David---The reason I so appreciate bright, perceptive people - as opposed to ideologues whose intelligence does little to illuminate - is that they manage to both instruct and learn with a certain grace. Among such rarities in the transblogosphere is Zoe, whose direct speech and clear humanity always make her worth reading, even if one doesn’t always agree with her every conclusion.- Val---The following is a request for permission to archive your A.E.Brain blog site which we have wanted to do for several years...The Library has traditionally collected items in print, but it is also committed to preserving electronic publications of lasting cultural value....Since (1996) we have been identifying online publications and archiving those that we consider have national significance....We would like to include A.E.Brain blog site in the PANDORA Archive...-Australian National Library